Update on the French Consultation on the Draft Code of Private International Law
A quick update related to the public consultation launched by the French Ministry of Justice last June on the draft code ofContinue Reading
Category: Normative texts
The Brussels II ter Regulation: A Quick Look at Some Significant Innovations
The author of this post is Francesca Maoli, who is a Researcher at the University of Genova. The Brussels IIContinue Reading
Companies under the French Draft Code of PIL
This post was contributed by Thomas Mastrullo, who is an Associate Professor of Commercial Law at the University of Luxembourg.Continue Reading
Conferences, academic events etc. Conventions and other international instruments Developments in PIL Normative texts
ICCS Plurilingual Forms – Present and Future of International Cooperation in Civil Status Matters
The International Commission on Civil Status (ICCS) will host a conference, jointly organised with the Société de Législation Comparée, underContinue Reading
Update on the Insolvency Regulation
A quick update related to the insolvency regulation (Regulation 2015/848): on 30 August 2022 the Commission adopted Decision (EU) 2022/1437Continue Reading
Conventions and other international instruments Developments in PIL Normative texts Public consultations
Unidroit Draft Model Law on Factoring: Online Consultation
The International Institute for the Unification of Private Law (Unidroit) is conducting an online consultation on the draft Model LawContinue Reading
Entry into force of the Evidence Regulation Recast
This post was contributed by Dr. Vincent Richard, who practices with Wurth Kinsch Olinger in Luxembourg. The end of theContinue Reading
EU and Ukraine Join Hague Judgments Convention
The European Commission has announced that the European Union and Ukraine both joined the 2019 Hague Judgments Convention today. MoreContinue Reading
A German Perspective on the French Draft PIL Code
This post was written by Stefan Leible and Felix M. Wilke (both University of Bayreuth). It is the fourth inContinue Reading
Standard Contractual Clauses and Private International Law: Welcome Clarifications and Lingering Doubts in the Light of the EU Commission’s Q&As
On 25 May 2022, the European Commission published a set of Questions and Answers (Q&As) to clarify the practical implementation ofContinue Reading
ILA Guidelines on Privacy Endorsed
On 23 June 2022, the Lisbon Guidelines on Privacy, drawn up by the ILA Committee on the Protection of PrivacyContinue Reading
Recognition of Marriages Celebrated Abroad under the French Draft PIL Code
This post was contributed by Fabienne Jault-Seseke, who is Professor at University Paris Saclay (UVSQ), and a member of GEDIP.Continue Reading
Launch of a Public Consultation on the French Draft Code of Private International Law
Following the release of a draft code of private international law (announced here), the French Ministry of Justice has launchedContinue Reading
Council Decision on the Signing of the MAC Protocol Published
Council Decision (EU) 2022/1022 of 9 June 2022 on the signing, on behalf of the European Union, of the ProtocolContinue Reading
Brussels I bis: A Standard for Free Circulation of Judgments and Mutual Trust
The JUDGTUST Project (Regulation BIa: a standard for free circulation of judgments and mutual trust in the EU) conducted byContinue Reading
The Court of Justice on the Waiver of Succession
On 2 June 2022, the Court of Justice of the EU handed down another judgment interpreting the EU Succession Regulation.Continue Reading
HCCH Special Commission Issues Conclusions & Recommendations on Child Support and Maintenance
This post was contributed by Francesco Pesce, who is an associate professor at the University of Genoa. The very firstContinue Reading
e-CODEX Regulation Published
Regulation (EU) 2022/850 of the European Parliament and of the Council of 30 May 2022 on a computerised system for theContinue Reading
Foreign Law under the French Draft PIL Code (updated)
This is the second of a series of posts on the French draft code of private international law of March 2022.Continue Reading
Renvoi under the French Draft PIL Code
This is the first in a series of posts on the French draft code of private international law of MarchContinue Reading
Towards a French Code of Private International Law?
In July 2018, the French Minister of Justice invited Jean-Pierre Ancel, a former judge of the Cour de cassation (FrenchContinue Reading
Proposal for a Directive on Protecting Persons Who Engage in Public Participation from SLAPPs
Strategic lawsuits against public participation, commonly known as ‘SLAPPs’, are a particular form of harassment used primarily against journalists andContinue Reading
Study to Support the Preparation of a Report on the Application of Brussels I bis Regulation
On behalf of the European Commission (DG JUST), Milieu Consulting is conducting a study on the application of Regulation (EU)Continue Reading
The Court of Justice on Ex Officio Verification of Jurisdiction under the Succession Regulation
The Court of Justice of the EU has recently handed down another judgement interpreting the Succession Regulation. The judgement inContinue Reading
Conventions and other international instruments Developments in PIL EU Legislation Normative texts Reports, recommendations, studies etc.
Children from Ukraine: New EU Information Page about Civil Judicial Cooperation
On 19 April 2022, the European Commission has launched a new page on the e-Justice Portal concerning children from UkraineContinue Reading
Brief Overview of the Directive Proposal on Corporate Due Diligence and PIL
On 23 February 2022, the proposal for a directive of the European Parliament and of the Council on Corporate SustainabilityContinue Reading
EU Commission Draft EU-UK Bilateral Judgments Treaty
On 31 March 2022, the EU Commission disclosed that it has been working on a proposal for a bilateral treatyContinue Reading
France Amends Rule on Effect of Foreign Birth Certificates
This post was contributed by Christine Bidaud, who is Professor at the University Jean Moulin – Lyon 3, co-director of theContinue Reading
The US Signs the Hague Judgments Conventions
On 2 March 2022 the US signed the Hague Convention of 2 July 2019 on the recognition and enforcement ofContinue Reading
New Annexes A and B for Regulation 2015/848
Annexes A and B to the insolvency Regulation list, respectively, the national insolvency proceedings and national insolvency practitioners (as notifiedContinue Reading
European Commission Proposal for a Regulation on Digitalisation of Judicial Cooperation
At the beginning of December 2021 the European Commission launched a new initiative aiming to digitalise cross-border judicial cooperation –Continue Reading
EC’s Initiative on Recognition of Parenthood – An Update
The European Commission (EC) set out an initiative Recognition of parenthood between Member States. As underlined by the EC, the initiative aims toContinue Reading
Law Commission of England and Wales’s New Project on Conflict of Laws and Emerging Technology
The author of this post is Burcu Yüksel Ripley, who is a Senior Lecturer in law and the Director of the CentreContinue Reading
EU Parliament Briefing on the UK’s possible re-joining of the Lugano Convention
The European Parliamentary Research Service of the European Parliament has issued on November 18th, 2021, a Briefing on The UnitedContinue Reading
European Commission 2022 Work Programme: Making Europe Stronger Together
On 19 October 2021, the European Commission adopted its 2022 Work Programme, setting out its key initiatives and the nextContinue Reading
Overview of the European Parliament Proposal on a Statute for a European Association
This post was written by Thomas Mastrullo, Associate Professor at University of Luxembourg. Background The European Commission has for severalContinue Reading
GEDIP Recommendation on the PIL Aspects of the Future EU Instrument on Corporate Due Diligence and Accountability
This post was contributed by Hans van Loon, a member of GEDIP and of the Institut de Droit International andContinue Reading
European Parliament Report on the Proposal for a Regulation on e-CODEX System
On 15 October 2021, the two Rapporteurs of the European Parliament, Emil Radev and Nuno Melo (following a Joint committeeContinue Reading
European Parliament Proposes to Regulate Private Funding of Litigation
In June 2021, the Committee on Legal Affairs of the European Parliament issued a Draft Report with recommendations to theContinue Reading
The Rise (and Incipient Decline?) of the EPO Regulation in Spain
The author of this post is Carlos Santaló Goris, research fellow at the MPI Luxembourg and Ph.D. candidate at theContinue Reading
French Parliament Adopts Mandatory Law to Enforce Reserved Share in Succession Matters
The author of this post is Christelle Chalas, who is an Associate Professor at the University of Lille. Background The FrenchContinue Reading
EU Commission Proposal to Accede to Hague Judgments Convention
On 16 July 2021, the EU Commission has issued a Proposal for a Council Decision on the accession by theContinue Reading
E-Commerce Meets Justice
According to Frank Woud (e-CODEX Community and External Relations Manager, Ministry of Justice and Security, The Netherlands): The full potentialContinue Reading
The Use of SLAPPs to Silence Journalists, NGOs and Civil Society
Strategic Lawsuits Against Public Participation (SLAPP) can be defined as lawsuits intended to intimidate and silence critics by burdening themContinue Reading
The EU’s Upcoming Regulatory Framework on Artificial Intelligence and its Impact on PIL
This post was contributed by Alexia Pato, who is Postdoc Research Fellow at the University of McGill (Montreal, Canada). TheContinue Reading
The Law Applicable to Electronic Securities: A New German Conflicts Rule
This post has been drafted by Dr. Felix M. Wilke, University of Bayreuth, Germany. A new contestant has entered theContinue Reading
IDI Draft Resolution on Human Rights and Private International Law
In spite of the numerous studies and decades of analysis, the interface between private international law and human rights keepsContinue Reading
French Committee Proposes to Abandon Real Seat as a Connecting Factor in Company law
This post was contributed by Thomas Mastrullo, who is a lecturer at the Sorbonne Law School (Paris 1) On 31Continue Reading
European Parliament Briefing Paper on Computerised System for Communication in Cross-border Judicial Proceedings (e-CODEX)
On 14 June 2021, the Research Service of the European Parliament released a briefing paper related to the proposal forContinue Reading
Council Conclusions on the Protection of Vulnerable Adults across the European Union
On 7 June 2021, the Council of the European Union has adopted a political document titled Conclusions on the Protection ofContinue Reading
Conferences, academic events etc. Conventions and other international instruments Developments in PIL
Online Conference on Child-Friendly Procedures in Cases of International Child Abduction, 24-25 June 2021
The conference titled Child-friendly procedures in cases of international child abduction will take place online on 24 and 25 JuneContinue Reading
EU Council to Vote on Regulation on Third Party Effects of Assignment of Claims
The Council of the European Union will aim at establishing a general approach on the regulation on assignments of claimsContinue Reading
SIFoCC Multilateral Memorandum on Enforcement, Now with Commentary
As reported by Pietro Franzina last January, the Standing International Forum of Commercial Courts (SIFoCC), which brings together the commercial courtsContinue Reading
Developments in PIL Developments of PIL beyond the EU Normative texts Reports, recommendations, studies etc.
New Tripartite Legal Guide for International Commercial Contracts
A joint publication of the Secretariats of UNCITRAL, UNIDROIT and the HCCH, titled Legal Guide to Uniform Instruments in theContinue Reading
European Commission Explains Rejection of UK’s Application to Lugano Convention
On May 4th, 2021, the European Commission issued a Communication offering its Assessment on the application of the United KingdomContinue Reading
European Group of Private International Law’s 2020 Meeting: Minutes and Proposals
The European Group of Private International Law (EGPIL-GEDIP) has published the minutes (in French) of its 2020 Meeting. The topics discussed during theContinue Reading
Kyoto Guidelines on Intellectual Property and Private International Law
The following text has been kindly provided by professors Toshiyuki Kono, Pedro de Miguel Asensio and Axel Metzger. The International Law Association’sContinue Reading
UK Accession to Lugano Convention: Commission Backtracks from Approval
Oft expectation fails, and most oft there Where most it promises… William Shakespeare Yesterday has been an emotional rollercoaster forContinue Reading
Lugano Convention: Commission Poised to Give Green Light to UK Application
On 8 April 2020, the UK formally applied to accede to the Lugano Convention. The one year period recommended forContinue Reading
International Action Plan of the French Court of Cassation: Key Aspects Relevant to PIL
In September 2020, the First President of the French supreme court for private and criminal matters (Cour de Cassation), Ms ChantalContinue Reading
Conventions and other international instruments Developments in PIL Developments of PIL beyond the EU Domestic legislation Normative texts
Indonesia to Accede to the Hague Apostille Convention
The author of this post is Priskila P. Penasthika, Ph.D. Researcher, Erasmus School of Law, and Lecturer in Private International LawContinue Reading
The Court of Justice on Jurisdiction in Maintenance Claims Brought by Public Bodies
On 17 September 2020 the Court of Justice of the EU issued a judgement in the case of WV vContinue Reading
Court of Justice of the EU on the Concept of Habitual Place of Work
On 24 February 2021 the Court of Justice of the EU issued a judgement in the case BU v Markt24Continue Reading
UNIDROIT Makes Progress on Best Practices for Effective Enforcement
Since 2018, UNIDROIT has been studying the prospect of working on the enforcement of claims. In September 2020, it eventuallyContinue Reading
Asian Principles for the Recognition and Enforcement of Foreign Judgments
The post below was provided by Catherine Shen, Project Manager at the Asian Business Law Institute. Readers of the EAPIL blog areContinue Reading
Brexit and the Brussels Convention: It’s All Over Now, Baby Blue?
Update — In light of the interest triggered by this post, an on-line symposium has been organised on this blogContinue Reading
Luxembourg Passes Law on Nuclear Liability
In July 2020, Luxembourg eventually adopted a statute on Civil Liability for Harm related to a Nuclear Accident. The statuteContinue Reading
European Parliament Study on Cross Border Nuclear Safety, Liability and Cooperation in the EU
In February 2019, Michael G. Faure (Maastricht University and Erasmus Law School Rotterdam) and Kévine Kindji (Maastricht University) presented toContinue Reading
The Recast Service Regulation to Apply to Denmark
Pursuant to Protocol No 22 to the Treaty on European Union and the Treaty on the Functioning of the EuropeanContinue Reading
The Child Perspective in the Context of the 1980 Hague Convention
Marilyn Freeman (University of Westminster, London) has written an in-depth analysis on the Child Perspective in the Context of theContinue Reading
International Commission on Civil Status (ICCS) Adopts New Internal Regulation
2021 will be a milestone for the International Commission on Civil Status (ICCS). Driven by a powerful internationalisation movement, the newContinue Reading
Association's activities Developments in PIL EAPIL Normative texts Reports, recommendations, studies etc.
EAPIL Position Paper on the EEO Regulation
The EU has developed a common judicial area where judgments given in one EU Member State are recognised and canContinue Reading
Second Edition of the SIFoCC Multilateral Memorandum on Enforcement of Commercial Judgments for Money
In December 2020, the Standing International Forum of Commercial Courts (SIFoCC), which brings together the commercial courts of several countriesContinue Reading
The Directive on Representative Actions for the Protection of the Collective Interests of Consumers Published
Directive (EU) 2020/1828 of 25 November 2020 on representative actions for the protection of the collective interests of consumers andContinue Reading
The HCCH Service Convention in the Era of Electronic and Information Technology
In December 2019 the Hague Conference on Private International Law (HCCH) convened experts and stakeholders from around the world toContinue Reading
So Long, Savigny? The Case of Jurisdiction over External Directors’ Liability in Belgian Private International Law
The author of this post is Michiel Poesen, PhD candidate at KU Leuven. This post tells a short story aboutContinue Reading
December 2020 at the Court of Justice of the European Union
December 2020 will be quiet at the Court (regarding private international law cases). The judgment in C-774/19 Personal Exchange InternationalContinue Reading
The Recast Service Regulation Published
On 2 December 2020, following a lengthy procedure, the Recast Service Regulation (Regulation (EU) 2020/1784 of 25 November 2020 on the serviceContinue Reading
Towards a German Supply Chain Act? Comments from a Choice of Law and Comparative Perspective
Following a lecture delivered in September 2020 at the Max Planck Institute for Comparative and Private International Law in Hamburg,Continue Reading
From Direct Application of European Uniform Procedures to Implementation Legislation in Romania
The European Order for Payment (EOP, Regulation (EC) No 1896/2006), the European Small Claims Procedure (ESCP, Regulation (EC) No 861/2007)Continue Reading
European Parliament to Vote on Collective Redress, Taking of Evidence and Service of Documents
On 16 November 2020, the JURI Committee of the European Parliament will vote on the draft recommendations for second readingContinue Reading
Conventions and other international instruments Developments in PIL Reports, recommendations, studies etc.
Towards UNIDROIT Transnational Principles of Effective Enforcement
Complaints about the inefficiency of enforcement mechanisms at national and transnational level are not new. The insufficiency of existing national andContinue Reading
The EU Succession Regulation and Foreign Law Applied by Tax Authorities
On few occasions Polish tax authorities made references to the EU Succession Regulation and applied foreign law designated by itsContinue Reading
Meidanis on the Enforcement of Mediation Settlement Agreements in the EU and the Need for Reform
Haris Meidanis’ new article on international mediation has just appeared at the current issue (2020/2) of the Journal of PrivateContinue Reading
OHADA Commissions a PIL Act
The Organisation for the Harmonisation of Business Law in Africa (OHADA) has selected a team to prepare a draft UniformContinue Reading
Luxembourg Introduces Bill to Adopt Collective Redress Procedure Ahead of EU Directive
This post has been written by Vincent Richard, Senior Research Fellow at the MPI Luxembourg, Department of European and ComparativeContinue Reading
ELI Webinar on EU Conflict of Laws for Companies
In the context of the 2020 Annual Conference of the European Law Institute, the feasibility study on EU Conflict ofContinue Reading
Pathological Clauses in International Sports Arbitration and Return to Civil Proceedings
It is widely known that disputes related to sports are most of the times referred to arbitration. Football is ofContinue Reading
Public Consultation on the European Enforcement Order
On 10 August 2020, the European Commission launched a public consultation on Regulation 805/2004 creating a European Enforcement Order forContinue Reading
Portugal to Become a Party of CISG
On 16 July 2020, the Government of Portugal decided to start the process whereby Portugal will, in due course, becomeContinue Reading
Developments in PIL Normative texts Reports, recommendations, studies etc. Social, political, historical events
The Unidroit Principles and the Covid-19 Crisis
On 21 July 2020 the Unidroit Secretariat released a Note on the UNIDROIT Principles of International Commercial Contracts and theContinue Reading
Austria Ratifies the Hague Service Convention
On 14 July 2020, Austria ratified the 1965 Hague Service Convention. The Convention is set to enter into force for AustriaContinue Reading
European Parliament to Vote on Representative Actions for the Protection of the Collective Interests of Consumers
On 7 July 2020, the Members of the Committee on Legal Affairs will vote on the provisional agreement resulting fromContinue Reading
Provisional Agreement Reached on the Modernisation of the Evidence and Service Regulations
The Presidency of the Council of the European Union and the European Parliament reached on 30 June 2020 a provisionalContinue Reading
Agreement on EU-Wide Rules on Collective Redress
On 22 June 2020, Parliament and Council negotiators reached a deal on the first EU-wide rules on collective redress. TheContinue Reading
EU Public Consultation on Cross-border Investment within the EU
On 26 May 2020, the European Commission launched a public consultation on cross-border investment within the EU. Why this initiative? First,Continue Reading
European Parliament Study on Blockchain for Supply Chains and International Trade
Bertrand Copigneaux, Nikita Vlasov and Emarildo Bani of IDATE DigiWorld, Nikolay Tcholtchev and Philipp Lämmel of Fraunhofer Institute for OpenContinue Reading
Conferences, academic events etc. Conventions and other international instruments Developments in PIL Normative texts
Applicable Law in Insolvency Proceedings at UNCITRAL
At its fifty-second session, in 2019, UNCITRAL considered a proposal from the European Union on applicable law in insolvency proceedingsContinue Reading
COVID-19 Response from The Hague Conference
In response to the COVID-19 pandemic and following a video message of the Secretary General, the Permanent Bureau (PB) ofContinue Reading
Brexit and Private International Law – Views from the Joint Brussels Office of the Law Societies
The latest edition of the Brussels Agenda, published by the Joint Brussels Office of the Law Societies, features three interestingContinue Reading
Developments in PIL Domestic legislation Normative texts Social, political, historical events Views and comments
The COVID-19 Crisis and Employment Contracts: the Italian Emergency Legislation on Dismissals
The author of this post is Caterina Benini, a PhD student at the Catholic University of the Sacred Heart inContinue Reading
UK Applies for Accession to Lugano Convention
Brexit and its legal consequences was the topic of an earlier post in this blog, suggesting the United Kingdom should joinContinue Reading
Developments in PIL Domestic legislation Reports, recommendations, studies etc. Social, political, historical events
Impact of the COVID-19 Virus on the Justice Field: Information at the e-Justice Portal
Confinement has severely curtailed our freedom of movement, but it has certainly not put an end to disagrements and disputes.Continue Reading
ELI Approves Report on the Protection of Adults in International Situations
On 21 March 2020 the Fellows of the European Law Institute (ELI) have approved a Report on the Protection of AdultsContinue Reading
The Unambitious Reform of the Evidence Regulation
In May 2018, the European Commission published a proposal for a Regulation amending the 2001 Evidence Regulation. The name ofContinue Reading
The Impact of Corona Virus on the Management of Judicial Proceedings in Italy
The author of this post is Giovanni Chiapponi, research fellow at the MPI Luxembourg. The post is based on a presentationContinue Reading
Mutual Trust at Issue: New Law Limiting the Independence of the Judiciary in Poland
On 14 of February 2020 a new law undermining the independence of judiciary in Poland (a so-called “muzzle law“) entered intoContinue Reading
Work Resumes at the Hague Conference on a Possible Instrument on Direct Jurisdiction
Following the adoption of the Judgments Convention, on 2 July 2019, the Hague Conference on Private International Law has resumedContinue Reading
Towards a New Service Regulation – Some reflections
On 29 November 2019, the Council of the European Union adopted a general approach regarding the recast of Regulation 1393/2007 on theContinue Reading
Should the EU Join the Hague Judgments Convention?
On 10 February 2020, the European Commission announced its intention to open a process of consultation to get feedback fromContinue Reading
French Parliament to Pass Law Denying Right to a Child
The author of this post is François Mailhé (University of Picardy – Jules Verne). “Nul n’a de droit à l’enfant”, that is, noContinue Reading
Mediated Agreements in Cross-border Family Disputes: the AMICABLE Project
AMICABLE, a project co-funded by the European Commission, aims to create Best Practice Tools assisting with the enforceability of mediated agreements in the EU,Continue Reading
New Volume of The Judges’ Newsletter Focusing on Urgent Measures of Protection for Children
The Permanent Bureau of the Hague Conference on Private International Law has published a new volume of The Judges’ Newsletter, a biannualContinue Reading
Collective Redress: Legal Affairs Committee Confirms Parliament’s Negotiating Position on New EU Legislation
According to a press release published on 9 January 2020, the MEPs can soon start negotiating the final shape thatContinue Reading
European Group of Private International Law’s 2019 Meeting: Minutes and Proposals
The European Group of Private International Law (EGPIL-GEDIP) has published the minutes (in French) of its 2019 Meeting in Katowice.Continue Reading
Collective Interests of Consumers – a Directive in the Making
Background On 11 April 2018, the Commission published a proposal for a new Directive on representative actions for the protectionContinue Reading
Common Minimum Standards of Civil Procedure: European Added Value Assessment
On 28 November 2019 the European Added Value Unit published a study accompanying the European Parliament’s legislative own-initiative report on Common minimum standardsContinue Reading
European Parliament’s study on EU Patent and Brexit
Udo Bux (Policy Department for Citizens’ Rights and Constitutional Affairs of the European Parliament) has written an In Depth AnalysisContinue Reading